SELLINA A. SANGMA Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) BY this writ petition, the petitioner is praying for a direction to the respondents to vacate the land belongs to the petitioner and also to compensate for the unauthorized occupation or alternately acquire the land as per the provisions of the Land Acquisition Act, 1894.

(2.) HEARD Ms. SG Momin, learned counsel for the petitioner and Mr. ND Chullai, learned Sr. GA assisted by Ms. NG Shylla, learned GA appearing for the respondents.

(3.) THE petitioner is the owner of a plot of land situated at village Gandibor, Gasupara, South Garo Hills District, Meghalaya, measuring 3 Bigha 1 Katha and 15 Lecha and the said land was covered by periodic Patta No. 79, Mouza No. IX -2, Dag No. 187, 240, 127 & 25, and the said Patta was granted by the Garo Hills Autonomous District Council (for short 'GHADC') in the year 1973 in the joint name of the petitioner and her husband (Late) Monindro Marak. It is further stated that the provisions of Assam Land Regulation under which the Patta is issued was adopted by the GHADC. It is stated that the GHADC is the competent authority to grant the said Patta in favour of the petitioner for the said land. After the death of the petitioner's husband (Late) Monindro Marak, the petitioner became the sole owner of the said land and the said land was also mutated in the name of the petitioner vide order dated 15.03.2007 passed in Mutation GDC/LR 55 (M) of 2006 -2007. The said land of the petitioner is a fertile land and used for agricultural and horticultural purpose. Cultivating the said land is the only source of livelihood of the petitioner, and the petitioner had enjoyed the uninterrupted peaceful possession of the said land and also paid revenue regularly. Photo copies of the revenue receipts are annexed as Annexure -III series to the writ petition.